Renowned entertainment journalist and multi-award-winning Hollywood screenwriter, Anthony Osarfo, has sued footballer Asamoah Gyan and his manager, Samuel Anim Addo, for malicious prosecution.
Background
In June 2015, Daily Guide reported that one Sarah Kwabla is threatening to leak a sex video involving herself and Asamoah Gyan. However, the said Sarah’s side of the story was not captured in the report.
Anthony Osarfo did a follow-up by getting in touch with Sarah and scooped fresh angles to the story. It came to light that Sarah did not threaten Gyan with any s*x video as Daily Guide reported, rather, she accused Gyan of raping and sodomizing her.
The alleged act was captured by a CCTV camera in her house. In his defense, the footballer has admitted and maintained at all times to having consensual s*x with Sarah.
The Attorney General cleared Gyan of all the alleged criminal charges, though the case didn’t go to court for trial.
Arrest and Prosecution
Suspecting Anthony Osarfo and Sarah had conspired to blackmail and extort money from Asamoah Gyan, Samuel Anim Addo reported Osarfo to the police. Osarfo was arrested and widely published on several websites and on the front page of Daily Guide.
Osarfo was later charged with extortion and conspiracy to extort money which is a Second Degree Felony in Section 151 of Ghana’s Criminal and Other Offences Act.
He was subsequently arraigned before court for criminal prosecution.
Acquittal and Discharge
In court, it turned out that Anthony Osarfo did not intend to blackmail Asamoah Gyan nor conspired with anyone to extort money from the popular footballer also known as Baby Jet.
Rather, it was Samuel Anim Addo who first proposed to give money to Osarfo for him to end his publications in Gyan’s interest, but turned around to accuse Osarfo of extorting money from the footballer.
Under cross-examination, Samuel Anim Addo (Complainant) revealed to the shock of the court that he reported the suspect (Anthony Osarfo) to the police and had him arrested based on advice from Gyan’s former lawyer, Kissi Agyabeng.
In her 16-page ruling, the trial judge, Her Ladyship Afia Agbanu Kumador, stated:
“1st Applicant (Anthony Osarfo) cannot be criminally held liable for conspiring with anyone to extort and indeed extort money from Complainant because the moment PW1 (Samuel Anim Addo) reported the matter to the police and he agreed to entrap 1st Applicant, there was no threat operating on his mind which induced him to pay the money.”
After three and a half years of trial, Anthony Osarfo was acquitted and discharged. He was represented by a popular lawyer, Maurice Ampaw.
Anthony Osarfo who once disclosed to the media how he was battered by police officers at the airport police station till blood oozed out of his mouth and nose, decided to sue Gyan and his manager for malicious prosecution.
The Plaintiff avers that: The 1st and 2nd Defendants, to save and preserve their career and reputation, decided to make false allegations against the Plaintiff and pressed upon the prosecution to prosecute the Plaintiff for an offence they knew the Plaintiff did not commit.
That with malice, the Defendants withheld information from the prosecutors which would have ended the prosecution of the Plaintiff and to exonerate him but intentionally failed to do so.
Statement of Reliefs
Plaintiff is praying the court for an order compelling the Defendants to pay the Plaintiff General Damages of GHC 1,000,000 and legal fees.
Gyan & Manager Ready For Battle
Anthony Osarfo (Plaintiff) who through his new lawyer, Yaw Dankwa of Dankwa and Associates Chambers, has made several attempts since last year August 24, 2020, to direct service of the writ on the Defendants but all attempts proved futile.
Lawyer for the Plaintiff therefore resorted to substituted service; where the sitting judge on the case, Her Ladyship, Justice Ellen Vivian Amoah, directed that the writ be posted at the premises of Ghana Football Association (GFA), the 1st Defendant’s house (Basilica at new Weija), and the notice board of the High Court for 21 days.
The Defendants called the bluff of the court—they refused to enter appearance and/ or defense.
The Plaintiff, again, through his lawyer, filed a motion on notice for judgment in default of appearance-thus; the Plaintiff sought leave of the court to notify the Defendants that if they fail to come to court, judgment will be passed against them.
The judge upheld the motion and gave an order for the motion to be posted at the premises of Ghana Football Association (GFA), the 1st Defendant’s house (Basilica at new Weija), and the notice board of the High Court, this time, for 14 days.
For the second time, the Defendants failed to enter appearance and/ or defense.
After almost a year of serving the Defendants, Plaintiff finally filed a supplementary affidavit and a hearing notice, praying the court to pass judgment against the Defendants come Friday, May 14, 2021.
The Defendants, through their lawyer, A. A. Somuah-Asamoah of Appiade Chambers, have filed a motion on notice for leave to enter late appearance and defense. In simple terms, they are now poised for litigation.
The Defendants claim in their motion that they were out of the country when the Bailiff served them.
Hearing
The case will be heard at the High Court, Financial Court 1 (second floor) come Friday, May 14, 2021.
